BSB International Link CC v Readam SA (Pty) Ltd and Another, In Re; Readam SA (Pty) Ltd v The City of Johannesburg Metropolitan Municipality and Another (2013/14167) [2014] ZAGPJHC 28 (7 March 2014)

BSB International Link CC v Readam SA (Pty) Ltd and Another, In Re; Readam SA (Pty) Ltd v The City of Johannesburg Metropolitan Municipality and Another (2013/14167) [2014] ZAGPJHC 28 (7 March 2014)

The court found that BSB International Link CC failed to allege or prove any prejudice resulting from the late filing of the supplementary documents by Readam. The allegations of prejudice were vague and unsupported, and counsel for BSB could not point to any actual prejudice in argument. Furthermore, the court accepted that the record filed by the City of Johannesburg was incomplete and irregular, meaning the supplementary documents were not technically late. The application was misconceived and appeared to be a delaying tactic. Accordingly, the application to set aside the supplementary documents was dismissed, leave was granted to file an answering affidavit within 30 days, and costs...

Citation
[2014] ZAGPJHC 28
Parties
Applicant: BSB International Link CC; Respondent: Readam SA (Pty) Ltd; Respondent: The City of Johannesburg Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 March 2014
Case Number
2013/14167
Procedural Posture
Interlocutory Application / Application to Set Aside Amended Notice of Motion and Supplementary Affidavit as Irregular Step Under Rule 30(1)
Outcome
Application dismissed. Leave granted to file answering affidavit. Costs awarded against applicant.
Judges
FHD Van Oosten
Legal Topics
Rule 30 Irregular Step, Prejudice Requirement, Late Filing of Affidavit
Civil Procedure Rule 30 Irregular Step Prejudice Requirement Late Filing of Affidavit

Case Brief

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Parties

BSB International Link CC

Applicant

Readam SA (Pty) Ltd

Respondent

The City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Interlocutory Application / Application to Set Aside Amended Notice of Motion and Supplementary Affidavit as Irregular Step Under Rule 30(1)

Legal Issues

  1. 1 Whether the late filing of the amended notice of motion and supplementary affidavit by Readam constituted an irregular step under Rule 30(1).
  2. 2 Whether BSB International Link CC suffered prejudice as a result of the late filing.
  3. 3 Whether the supplementary documents were in fact filed late given the incomplete record.

Ratio Decidendi

The court found that BSB International Link CC failed to allege or prove any prejudice resulting from the late filing of the supplementary documents by Readam. The allegations of prejudice were vague and unsupported, and counsel for BSB could not point to any actual prejudice in argument. Furthermore, the court accepted that the record filed by the City of Johannesburg was incomplete and irregular, meaning the supplementary documents were not technically late. The application was misconceived and appeared to be a delaying tactic. Accordingly, the application to set aside the supplementary documents was dismissed, leave was granted to file an answering affidavit within 30 days, and costs...

Court Disposition

Application dismissed. Leave granted to file answering affidavit. Costs awarded against applicant.

Orders

  • The application is dismissed.
  • Leave is granted to the applicant to file an answering affidavit to the first respondent’s amended notice of motion and supplementary affidavit in the main application within 30 days of the date of this order.